7-5B-3: OWNER'S RESPONSIBILITIES:

   A.   It shall be the duty of the property owner and/or person in possession or control of the property to maintain the property as provided in this article and keep such property free from nuisances and weed hazards.

   B.   It shall be the duty of the property owner and/or person in possession or control of the property which abuts public right of way to maintain all property between the property line and the curb line upon public streets and to keep such property free from nuisances and weed hazards. (Ord. 5155, 3-25-2013)

7-5B-4: WEED COMPLAINTS:

   A.   Code enforcement officers shall be responsible for the administration of this article.

   B.   The implementation of the provisions of this article and the Waterloo weed complaint policies shall be the responsibility of the code enforcement department. The code enforcement department shall have concurrent authority to cause the standards and procedures of this article to be enforced and shall be authorized to direct the removal of any weeds, grasses or other herbaceous vegetation if such vegetation is located on private property and is declared a nuisance or hazard in accordance with this article.

   C.   Abandoned properties and/or lots confirmed to be excessive nuisances will be put on a list to be mowed in accordance with the city mowing contract. Cost for said mowing may be assessed to the taxes for the property. (Ord. 5389, 2-20-2017)

7-5B-5: NOTICE TO PROPERTY OWNERS:

   A.   Upon receipt of a complaint or observation by code enforcement department, a notice shall be issued to the owner (as shown by the official records of Black Hawk County), agent, and/or person in possession or control of said property, describing the nuisance or hazard on said property. The first notice issued in respect of a given property in a calendar year shall demand abatement of the nuisance or hazard within five (5) days from the date of conspicuous posting at listed address, or parcel, and service by regular mail. Subsequent notices issued in respect of the same property in a calendar year shall demand abatement of the nuisance or hazard within three (3) days from the date of conspicuous posting at listed address or parcel, and service by regular mail. Failure of the owner to abate the growth within the time frame set forth herein may result in the city's abating said growth and assessing all costs associated therewith against the affected property. For purposes of this section, days shall be measured in calendar days.

   B.   Notice required herein shall be given in the manner prescribed, stating that the property is in violation of this article, and that failure of the owner, agent, and/or person in possession of said property to abate the growth within the time frame set forth herein may result in the city's abating the growth and assessing costs of said action against the property. If the code enforcement department declares the growth to be an emergency, the city may perform any action required to abate said growth without prior notice, and assess any and all costs of said action to the property as provided herein. An "emergency" shall be any act or omission of the property owner, agent, and/or person in possession which constitutes a health, safety, or fire hazard to anyone. (Ord. 5389, 2-20-2017)

7-5B-6: PAYMENT, ASSESSMENT OF COSTS, APPEAL:

   A.   Payment: Upon completion of the abatement of a weed hazard or nuisance as provided for herein, the city clerk shall demand payment for the costs of such abatement, plus applicable administrative fees, from the property owner by mailing a statement of the fees and charges to the last known address of the owner and/or person in possession as shown by the records of the county. Notice shall be by ordinary mail. Said statement shall be due and payable upon mailing and shall become delinquent if not paid within ten (10) days of the mailing date of the notice. Any delinquent fees and charges may be assessed against the property for collection in the same manner as a property tax, as provided in state law.

   B.   Appeal: A property owner in receipt of a statement of fees and charges for a weed abatement who contests the statement may file a written appeal with the city clerk within ten (10) days of the postmarked date of the statement. An administrative fee of fifty dollars ($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said ten (10) days shall constitute a waiver of the right to a hearing, and the statement of fees and charges shall thereupon become final. Hearing on the appeal before the city council or its designated committee shall be scheduled for a date within thirty (30) days of filing the appeal and shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the city council or committee in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council or committee at least seven (7) days prior to the hearing date. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or committee may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the city council or committee shall determine whether the amount of the assessment should be affirmed, reduced, or waived. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. In the event the city council or committee waives the amount of the assessment by over half, the fifty dollar ($50.00) filing fee for the appeal will be refunded to the appellant. (Ord. 5389, 2-20-2017)

7-5B-7: EXCEPTIONS:

The following shall be exceptions to the provisions of this article:

   A.   Vegetable and/or flower gardens, purposefully planted, shall be permitted to exceed twelve inches (12") in height if they are maintained free of weed hazard or nuisance.

   B.   Wood perennials, purposefully planted, shall be permitted to exceed twelve inches (12") if they are planted and maintained in compliance with this chapter.

   C.   Non-noxious weeds and other growth shall be permitted to exceed twelve inches (12") in height upon those properties within the corporate city limits upon which development has never occurred and which are not located within three hundred feet (300') of any developed area’s closest property line, so that uncontrolled growth will constitute a weed hazard or nuisance to developed areas.

   D.   Native plantings consistent with regulations established by the City Engineer and/or the City Forester, or their designees, and approved by resolution of the city council.

   E.   Prairie grass areas, wildflower planting areas, natural reserve and preserve areas, urban woodlots, wildlife refuge and conservation areas, wetlands and natural waterways, all as recognized and identified by a governmental agency, provided that setbacks shall be required pursuant to any applicable zoning ordinances, and amendments thereto.

   F.   Land zoned agricultural, steep slopes, wooded areas, ravines and lots of the city exceeding three acres in size. (Ord. 5634, 3-7-2021)

7-5B-8: VIOLATION:

It is unlawful for any owner or person in possession of any lot, parcel or tract of ground situated within the city, to permit a weed hazard or nuisance to grow thereon or upon the abutting right of way as provided in this article. Failure of the owner to abate the growth within the time frame set forth herein may result in the city's abating said growth and assessing all costs associated therewith against the affected property. For purposes of this section, days shall be measured in calendar days. (Ord. 5389, 2-20-2017)